Q: Can I sue for unresolved flooring defects under warranty in FL?
In October 2024, I notified the company of a defective section of flooring in my house under warranty. The warranty covers repairs and replacements for one year. Despite numerous telephone conversations—eight in total, with the last on March 4, 2025, when the manager assured me that repair work would be scheduled—there has been no resolution. The company claims to record all phone conversations and messages, and I also have my own records of all communications. There has been no written response from them. I paid for the flooring directly by check. What are my options to pursue legal action against the company?
A: You may pursue a claim for construction defects and other causes of action that may apply. However, you must first comply with the pre-suit process under the statute which requires that a notice and opportunity to repair be provided to the contractor. Chapter 558 specifies "the notice of claim must describe in reasonable detail the nature of each alleged construction defect and, if known, the damage or loss resulting from the defect. Based upon at least a visual inspection by the claimant or its agents, the notice of claim must identify the location of each alleged construction defect sufficiently to enable the responding parties to locate the alleged defect without undue burden." Thereafter, you must give the contractor 60 days to resolve the issue. If they do not, then you may initiate a lawsuit.
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